[105th Congress Public Law 375] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ375.105] [[Page 112 STAT. 3385]] Public Law 105-375 105th Congress An Act To amend the State Department Basic Authorities Act of 1956 to require the Secretary of State to submit an annual report to Congress concerning diplomatic immunity. <<NOTE: Nov. 12, 1998 - [S. 759]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY. Title I, of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.; commonly referred to as the ``Foreign Missions Act'') is amended by inserting after section 204A the following new section: ``SEC. 204B. CRIMES COMMITTED BY DIPLOMATS. <<NOTE: 22 USC 4304b.>> ``(a) Annual Report Concerning Diplomatic Immunity.-- ``(1) Report to congress.--The Secretary of State shall prepare and submit to the Congress, annually, a report concerning diplomatic immunity entitled ``Report on Cases Involving Diplomatic Immunity''. ``(2) Content of report.--In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following: ``(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. ``(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods. ``(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United [[Page 112 STAT. 3386]] States under laws extending diplomatic privileges and immunities. ``(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities. ``(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen. ``(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report. ``(3) Serious criminal offense defined.--For the purposes of this section, the term `serious criminal offense' means-- ``(A) any felony under Federal, State, or local law; ``(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; ``(C) any crime of violence as defined for purposes of section 16 of title 18, United States Code; or ``(D)(i) driving under the influence of alcohol or drugs; ``(ii) reckless driving; or ``(iii) driving while intoxicated. ``(b) United States Policy Concerning Reform of Diplomatic Immunity.--It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation-- ``(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and ``(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual. [[Page 112 STAT. 3387]] ``(c) Notification of Diplomatic Corps.--The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.''. Approved November 12, 1998. LEGISLATIVE HISTORY--S. 759: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 143 (1997): Nov. 8, considered and passed Senate. Vol. 144 (1998): Oct. 14, considered and passed House. <all>